September 2012 Monthly Opinion

Anson, Hollis Michael v. State, COCA Case No. C-2011-1119 (September 5, 2012)
(Guilty Pleas; Ineffective Assistance of Counsel) Counsel’s conflict of interest prevented defendant from receiving effective assistance of counsel at the Hearing on the Motion to Withdraw Plea. Certiorari granted.

Dever, Lorance Ridell v. State, COCA Case No. RE-2011-0359 (September 27, 2012)
(Revocation/Acceleration Decisions) Revocation vacated because hearing not heard within 20 days of entry of plea of not guilty; no waiver of the 20-day rule.

Gilford, James Lee Jr. v. State, COCA Case No. F-2010-1237 (September 5, 2012)
(Double Jeopardy/Double Punishment) Convictions for Robbery, A&B and Assault while Masked determined to be all one act. Counts for A&B and Assault while Masked reversed with instructions to dismiss.

Gipson, Tony Ray v. State, COCA Case No. F-2011-366 (September 12, 2012)
(Evidence, Other Crimes; Prosecutorial Misconduct) Resentencing granted for errors in admission of other bad acts evidence and prosecutorial argument re: lack of remorse.

Green, Terry Lamar v. State, COCA Case No. C-2012-52 (September 21, 2012)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial court denied counsel’s motion to withdraw prior to the plea withdrawal hearing. Counsel interrupted to "correct" client about advice given prior to and during plea. Remanded for a new hearing on the motion to withdraw plea with conflict-free counsel.

Hall, Alexander Brandon v. State, COCA Case No. C-2011-945 (September 6, 2012)
(Guilty Pleas; Double Jeopardy/Double Punishment) Assault with Dangerous Weapon is not separate from the act of Robbery with a Weapon. Assault conviction reversed with instructions to dismiss.

Martin, Ronnie Lee v. State, COCA Case No. F-2011-563 (September 21, 2012)
(Ineffective Assistance of Counsel) Reversed and remanded for further proceedings with competent counsel.

Payton, Dara D. v. State, COCA Case No. F-2011-4 (September 6, 2012)
(Revocation/Acceleration Decisions; Sentencing) Remanded to district court with instructions to correct the Deferment Order to correctly memorialize the terms and conditions of the deferment orally pronounced by the court.

Ussery, Edgar Lee v. State, COCA Case No. C-2011-875 (September 12, 2012)
(Guilty Plea Decisions; Sentencing) Remanded to correct the judgment and sentence to reflect credit for time served and correct number of prior convictions.